Guard's spousal benefits for gays remain in South Dakota

Daugaard won't oppose Pentagon

Sep. 27, 2013

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Gov. Dennis Daugaard is not inclined to take a stand against a federal decision giving spousal benefits to same-sex partners of National Guard soldiers, as several other governors have done.

Daugaard, a Republican who opposes same-sex marriage, is, so far, staying out of a controversy over the recent Pentagon decision that gives benefits to same-sex spouses of National Guard members.

“These are people qualifying for federal benefits, so it’s really between the applicant and the federal government whether or not they qualify,” said Tony Venhuizen, Daugaard’s senior adviser. “It’s not something that the state really has a role in, and it’s not something that has come up.”

The governors of Texas, Louisiana, Oklahoma and Mississippi see it differently. All four, citing their states’ constitutional bans of same-sex marriage, ordered their National Guard not to process benefit applications by same-sex couples.

Those couples can still qualify for their benefits but have to go to a federal military base in order to apply. The opposite-sex spouse of a National Guard member could be processed for benefits at a Guard installation.

A spokesman for Oklahoma Gov. Mary Fallin said the governor was following the wish of that state’s voters, who approved a constitutional amendment in 2004 barring marriage benefits for gay couples.

“Because of that prohibition, Gov. Fallin’s general counsel has advised the National Guard not to process requests for benefits of same-sex couples,” said Alex Weintz.

So far, no South Dakota same-sex couples have applied for benefits under the new policy, which took effect Sept. 1. But if they do, they won’t be turned away.

“As of now, the South Dakota Guard is following that guidance from the Department of Defense directly,” said Staff Sgt. Mike Beck, a spokesman for the Guard.

Specifically, legally married same-sex spouses now can become an authorized dependent of the National Guard member.

In the South Dakota National Guard, a dependent can use the soldier’s health and life insurance, education benefits and receive an ID card giving access to National Guard facilities.

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Same-sex couples can’t get married to each other in South Dakota. But they can in 13 states and the District of Columbia, as well as several Native American tribes. Neighboring Minnesota and Iowa are among the states that allow it.

Mark Chase, president of the socially conservative South Dakota Family Policy Council, said he supports the right of governors to block the National Guard benefits for same-sex couples.

“By law, the governors of those states that do not legally recognize gay marriage in their states should by all means have the right to say no, you are not going to get benefits of a married couple in our state,” Chase said.

Supporters of gay rights applauded Daugaard for not following Texas, Oklahoma and the other states, at least so far.

“I’m glad that Governor Daugaard has taken the position to stay out of the issue,” said Lawrence Novotny, chairman of the pro-gay-rights group Equality South Dakota.

Novotny said legally married same-sex couples in the National Guard should get benefits, especially in light of the Guard’s regular deployments overseas in the past decade.

“If the National Guard is serving as a federal military force, then all members should be eligible for benefits,” Novotny said.

But while Chase didn’t criticize Daugaard for staying out of the issue for now, he said he’d be watching to see what the governor does if or when it arises.

“It’s not an issue right now for our governor,” Chase said. “But ... it may come up, and at that moment, he’s going to have to make a decision.”